Federal Register / Vol. 88, No. 234 / Thursday, December 7, 2023 / Proposed Rules 85171 

a student who has reach age of majority, 

the relevant parent/guardian of a minor 

student, or the school staff member or 

library patron prior to disclosure. 

* * * * * 

[FR Doc. 2023–26033 Filed 12–6–23; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 97 

[WT Docket No. 16–239; FCC 23–93; FR ID 

188661] 

Amateur Radio Service Rules To 

Permit Greater Flexibility in Data 

Communications 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule. 

SUMMARY: In this document, the Federal 

Communications Commission 

(Commission) adopted a Further Notice 

of Proposed Rulemaking (FNPRM) that 

proposes to remove the baud rate 

limitation in the 135.7–137.8 kHz (2200 

meter band), 472–479 kHz (630 meter 

band), the very high frequency (VHF) 

bands, and the ultra-high frequency 

(UHF) band in the amateur radio 

service. The VHF bands with baud rates 

are the 6 meter band (50.1–51.0 MHz), 

(51.0–54.0 MHz); 2 meter band (144.1– 

148.0 MHz); and the 1.25 meter band 

(222–225 MHz). The UHF band with a 

baud rate is the 70 centimeter band 

(420–450 MHz). Additionally, the 

FNPRM proposes to maintain the 

existing bandwidth limitations in the 

Commission’s rules for these VHF/UHF 

bands and seeks comment on the 

appropriate bandwidth limitation for 

the 2200 meter and 630 meter bands. 

DATES: Comments due on or before 

January 8, 2024; reply comments due on 

or before January 22, 2024. 

ADDRESSES: You may submit comments, 

identified by WT Docket No. 16–239, by 

any of the following methods: 

• Electronic Filers: Comments may be 

filed electronically using the internet by 

accessing the ECFS: https://

apps.fcc.gov/ecfs/. 

• Paper Filers: Parties who choose to 

file by paper must file an original and 

one copy of each filing. 

Filings can be sent by commercial 

overnight courier, or by first-class or 

overnight U.S. Postal Service mail. All 

filings must be addressed to the 

Commission’s Secretary, Office of the 

Secretary, Federal Communications 

Commission. 

• Commercial overnight mail (other 

than U.S. Postal Service Express Mail 

and Priority Mail) must be sent to 9050 

Junction Drive, Annapolis Junction, MD 

20701. 

• U.S. Postal Service first-class, 

Express, and Priority mail must be 

addressed to 45 L Street NE, 

Washington, DC 20554. 

• Effective March 19, 2020, and until 

further notice, the Commission no 

longer accepts any hand or messenger 

delivered filings. This is a temporary 

measure taken to help protect the health 

and safety of individuals, and to 

mitigate the transmission of COVID–19. 

See FCC Announces Closure of FCC 

Headquarters Open Window and 

Change in Hand-Delivery Policy, Public 

Notice, DA 20–304 (March 19, 2020). 

https://www.fcc.gov/document/fcccloses-headquarters-open-window-andchanges-hand-delivery-policy. 

People with Disabilities: To request 

materials in accessible formats for 

people with disabilities (braille, large 

print, electronic files, audio format), 

send an email to fcc504@fcc.gov or call 

the Consumer & Governmental Affairs 

Bureau at 202–418–0530 (voice), 202– 

418–0432 (TTY). 

FOR FURTHER INFORMATION CONTACT: For 

additional information on this 

proceeding, contact Nellie Foosaner of 

the Wireless Telecommunications 

Bureau, Mobility Division, at (202) 418– 

2925 or nellie.foosaner@fcc.gov. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Further 

Notice of Proposed Rulemaking, in WT 

Docket No. 16–239; FCC 23–93, adopted 

on November 13, 2023, and released on 

November 13, 2023. The full text of this 

document is available for public 

inspection online at https://

docs.fcc.gov/public/attachments/FCC23-93A1.pdf. 

Synopsis 

1. On November 13, 2023 the 

Commission adopted a Report and 

Order eliminating the baud rate 

applicable to certain amateur radio 

bands and implementing a 2.8 kHz 

bandwidth limitation in the applicable 

bands. There are multiple bands in the 

amateur radio service that have baud 

rate limitations and were not discussed 

in the Notice of Proposed Rulemaking 

(NPRM) underlying the Report and 

Order. Two bands—135.7–137.8 kHz 

(2200 meter) and 472–479 kHz (630 

meter)—were allocated for use in the 

amateur radio service after the 

Commission released the NPRM in 

2016. There are also multiple very high 

frequency (VHF) bands and one ultrahigh frequency (UHF) band that have 

baud rate limitations. In the Further 

Notice of Proposed Rulemaking 

(FNPRM) the Commission proposes to 

remove the baud rate limitation in the 

two bands allocated for amateur radio 

use after the Commission released the 

NPRM in 2016 and in the VHF/UHF 

bands. Additionally, the Commission 

seeks comment on the appropriate 

bandwidth limitation for the 2200 meter 

and 630 meter bands, and proposes to 

maintain the existing bandwidth 

limitations in the Commission’s rules 

for VHF/UHF bands. 

2. In 2016, the Commission released 

the NPRM seeking comment on 

eliminating the baud rate limit in 

certain amateur bands and amending 

part 97 of the Commission’s rules 

accordingly. The NPRM also tentatively 

concluded that a 2.8 kilohertz 

bandwidth limitation for RTTY and data 

emissions in the MF/HF bands was not 

necessary, but sought comment on this 

conclusion. The NPRM did not seek 

comment on eliminating the baud rate 

limit in the VHF or UHF bands allocated 

for amateur radio service. In 2017, the 

Commission adopted rules permitting 

fixed amateur radio operations in 135.7– 

137.8 kHz (2200 meter) and 472–479 

kHz (630 meter) bands. These bands are 

allocated to the amateur radio service on 

a secondary basis. Consistent with the 

part 97 rules in effect for other amateur 

bands at that time, the Commission 

adopted a 300 baud rate limitation for 

both the 2200 meter band and the 630 

meter band. 

3. For the reasons outlined in the 

Report and Order, the Commission 

tentatively concludes that it should 

eliminate the baud rate limitation in the 

2200 meter and 630 meter bands as well 

as the VHF and UHF amateur radio 

bands. These bands present the same 

technological opportunities for 

experimentation and innovation as the 

amateur radio service bands that are the 

subject of the Report and Order and 

likewise will be limited if a baud rate 

limitation is allowed to remain for these 

bands. Concomitantly, the Commission 

seeks comment on the appropriate 

bandwidth limitation for the 2200 meter 

band and the 630 meter band as well as 

on maintaining the bandwidth 

limitations already in the VHF and UHF 

bands. The Commission specifically 

seeks comment on these proposals. 

Alternatively, should it consider 

changing any of the existing bandwidth 

limitations in the VHF and UHF bands 

allocated to the amateur radio service? 

Commenters seeking to modify existing 

bandwidth limitations must provide 

support for the modification, including 

any associated costs and benefits. 

Commenters should focus their 

comments on the VHF and UHF bands 

and the 2200 meter band and the 630 


ddrumheller on DSK120RN23PROD with PROPOSALS1
85172 Federal Register / Vol. 88, No. 234 / Thursday, December 7, 2023 / Proposed Rules 

meter band that were allocated for 

amateur radio service after the release of 

the NPRM. The Commission does not 

seek comment on other, unrelated issues 

in the docket at this time. 

4. Digital Equity and Inclusion. 

Finally, the Commission, as part of its 

continuing effort to advance digital 

equity for all, including people of color, 

persons with disabilities, persons who 

live in rural or Tribal areas, and others 

who are or have been historically 

underserved, marginalized, or adversely 

affected by persistent poverty or 

inequality, invites comment on any 

equity-related considerations and 

benefits (if any) that may be associated 

with the proposals and issues discussed 

herein. Specifically, the Commission 

seeks comment on how our proposals 

may promote or inhibit advances in 

diversity, equity, inclusion, and 

accessibility, as well the scope of the 

Commission’s relevant legal authority. 

Procedural Matters 

5. Regulatory Flexibility Certification. 

The Regulatory Flexibility Act of 1980, 

as amended (RFA) requires that an 

agency prepare a regulatory flexibility 

analysis for notice and comment 

rulemakings, unless the agency certifies 

that ‘‘the rule will not, if promulgated, 

have a significant economic impact on 

a substantial number of small entities.’’ 

The RFA generally defines the term 

‘‘small entity’’ as having the same 

meaning as the terms ‘‘small business,’’ 

‘‘small organization,’’ and ‘‘small 

governmental jurisdiction.’’ In addition, 

the term ‘‘small business’’ has the same 

meaning as the term ‘‘small business 

concern’’ under the Small Business Act. 

A ‘‘small business concern’’ is one 

which: (1) is independently owned and 

operated; (2) is not dominant in its field 

of operation; and (3) satisfies any 

additional criteria established by the 

Small Business Administration (SBA). 

6. In the FNPRM, the Commission 

proposes to amend the amateur service 

rules to change technical rules 

applicable to data emissions that an 

amateur radio operator may use in his 

or her communications with other 

amateur radio operators in the 135.7– 

137.8 kHz (2200 meter) and 472–479 

kHz (630 meter) bands, and VHF and 

UHF bands. As discussed above, the 

RFA’s definition of ‘‘small entities’’ 

does not include a ‘‘person’’ or an 

individual, as the terms are used in this 

proceeding. As a result, the proposed 

rules do not apply to ‘‘small entities,’’ 

but instead apply exclusively to 

individuals who hold certain 

Commission authorizations. 

Accordingly, applying the statutorily 

mandated criteria the Commission 

concludes and, therefore, certifies in 

this Initial Regulatory Flexibility 

Certification, that the rules adopted in 

the FNPRM will not have a significant 

economic impact on a substantial 

number of small entities. 

7. The Commission will send copies 

of the FNPRM, including copies of the 

Initial Regulatory Flexibility 

Certification, to the Chief Counsel for 

Advocacy of the SBA. 

8. Paperwork Reduction Act. This 

document does not contain proposed 

information collection(s) subject to the 

Paperwork Reduction Act of 1995 

(PRA), Public Law 104–13. In addition, 

therefore, it does not contain any new 

or modified information collection 

burden for small business concerns with 

fewer than 25 employees, pursuant to 

the Small Business Paperwork Relief 

Act of 2002, Public Law 107–198, see 44 

U.S.C. 3506(c)(4). 

9. Providing Accountability Through 

Transparency Act: The Providing 

Accountability Through Transparency 

Act requires each agency, in providing 

notice of a rulemaking, to post online a 

brief plain-language summary of the 

proposed rule. Accordingly, the 

Commission will publish the required 

summary of this Further Notice of 

Proposed Rulemaking on https://

www.fcc.gov/proposed-rulemakings. 

Ordering Clauses 

10. Accordingly, it is ordered that, 

pursuant to Sections 4(i), 5, 303(r), and 

403 of the Communications Act of 1934, 

47 U.S.C. 154(i), 155, 303(r), and 403 of 

the Commission’s rules, that this 

Further Notice of Proposed Rulemaking 

is hereby adopted. Proceeding RM– 

11708 is terminated. 

11. It is further ordered that the Office 

of the Secretary, Reference Information 

Center, shall send a copy of the Further 

Notice of Proposed Rulemaking 

including the Initial Regulatory 

Flexibility Certification, to the Chief 

Counsel for Advocacy of the Small 

Business Administration. 

List of Subjects in 47 CFR Part 97 

Radio. 

Federal Communications Commission. 

Marlene Dortch, 

Secretary. 

Proposed Rules 

For the reasons discussed in the 

preamble, the Federal Communications 

Commission proposes to amend 47 CFR 

part 97 as follows: 

PART 97—AMATEUR RADIO SERVICE 

■ 1. The authority citation for part 97 

continues to read as follows: 

Authority: 47 U.S.C. 151–155, 301–609, 

unless otherwise noted. 

■ 2. Section 97.307 is amended by 

revising paragraphs (f)(3), (5), and (6) to 

read as follows: 

§ 97.307 Emission standards. 

* * * * * 

(f) * * * 

(3) Only a RTTY or data emission 

using a specified digital code listed in 

§ 97.309(a) may be transmitted. 

* * * * * 

(5) A RTTY, data or multiplexed 

emission using a specified digital code 

listed in § 97.309(a), or using an 

unspecified digital code under the 

limitations listed in § 97.309(b), may be 

transmitted. The authorized bandwidth 

is 20 kHz. 

(6) A RTTY, data or multiplexed 

emission using a specified digital code 

listed in § 97.309(a), or using an 

unspecified digital code under the 

limitations listed in § 97.309(b), may be 

transmitted. The authorized bandwidth 

is 100 kHz. 

* * * * * 

[FR Doc. 2023–26769 Filed 12–6–23; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF THE INTERIOR 

Office of the Secretary 

48 CFR Parts 1401, 1402, 1403, 1405, 

1414, 1416, 1419, 1426, 1431, 1442, 

1443, and 1449 

[Docket No. DOI–2023–0012; 234D0102DM, 

DS62400000, DLSN00000.000000, DX62401] 

RIN 1090–AB25 

Department of the Interior Acquisition 

Regulation Governance Titles 

AGENCY: Office of Acquisition and 

Property Management, Interior. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Department of the 

Interior proposes changes to the 

Department of the Interior acquisition 

regulations to update its nomenclature 

to align with recent changes to agency 

procurement governance. This proposal 

enables acquisition programs to more 

efficiently meet the Department’s 

mission needs and comply with all 

applicable law and regulations. 

DATES: Comments must be received on 

or before February 5, 2024. 

ADDRESSES: You may submit comments, 

identified by Docket No. DOI–2023– 

0012 on the rulemaking through the 

Federal eRulemaking Portal at https://

www.regulations.gov. Follow the 

instructions on the website for 

submitting comments. 


ddrumheller on DSK120RN23PROD with PROPOSALS1